Trademark

Heil Good Trademarks!


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We are happy to bring to you a very interesting guest post by one of our regular guest bloggers, Harshavardhan Ganesan. Harshavardhan is currently a foreign associate at Kelley Drye and Warren LLP, Manhattan. Heil Good Trademarks! Harshavardhan Ganesan “What’s in a name? That which we call a rose by any other name would smell as sweet” – William Shakespeare, Romeo and Juliet, Act II Scene II. Sorry Willy, but they didn’t have trademark law when you were around (at least in…


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Copyright

Madras HC grants John Doe for ‘A Flying Jatt’, orders the blocking of 830 sites


A few days after we saw misleading blocking messages from ISP’s, the Madras High Court passed a John Doe order on Wednesday, the 24th of August, blocking a whopping 830 sites that allegedly hosted illegal copies of ‘A Flying Jatt’. The movie, produced by Balaji Motion Pictures Limited, released on Thursday to mediocre reviews. The Times of India first reported on this order, and it was then later picked up by India Today and Medianama.  The order was uploaded on…


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Overlaps in IP Patent Plant Variety Protection

The NSAI’s new IP strategy in its dispute with Monsanto


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The National Seed Association of India (NSAI), comprising mostly of Indian seed companies, has published on its website a series of documents outlining its IP strategy in its dispute with Monsanto. As explained in our earlier posts available over here, here and here, some of the biggest Indian seed companies like Nuziveedu (whose chairman heads NSAI) are engaged in a high stakes battle with Monsanto over the technology licensing agreements between both parties. The history of this dispute can be…


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Copyright Designs

The Narrow Gets Narrower: The Tale of Artistic Works and Exceptions


The conundrum posed by the varying protection accorded by the Designs Act, 2000 and Copyright Act, 1957 for artistic expressions, especially industrial machinery, and the attempts by litigants to strategically make use of this confusing relationship have been well documented on this blog (see for instance, here and here). A recent order passed by the Calcutta High Court brings into limelight yet another relevant player in this plot- S.52 (w) of the Copyright Act. It provides for a fair use…


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Drug Regulation

Parliamentary Committee slams the Department of Pharmaceuticals over Drug Prices


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Amidst claims of the NDA Government to have brought more generic drugs under pricing control, the Parliamentary Committee on Government Assurances (PCGA) submitted its report on 11th August this year regarding the pending assurances to control the prices of patented drugs, and it turns out; the Ministry doesn’t believe in keeping its promises. The PCGA was instituted in 1953 and its primary function is to scrutinize the assurances, promises and undertakings given by Ministers on the floor of the House…


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Others Publication

Call for Papers: IJIPL 2015-2016


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The Indian Journal of Intellectual Property Law is now accepting submissions for its 2015-16 edition. Details are as below: Call for Papers Vol. VIII, 2015-2016 The Indian Journal of Intellectual Property Law (IJIPL) is the flagship intellectual property law journal of NALSAR University of Law, Hyderabad. The IJIPL is India’s first student run journal that is wholly devoted to the study of intellectual property. Published annually, it is the combined endeavour of NALSAR University of Law, Hyderabad and the N.C….


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Uncategorized

SpicyIP Weekly Review (August 21–August 27)


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As always, it’s been a busy week at Spicy IP, folks and it’s time again to reflect on the eventful week for the blog and the IP world. This week’s thematic highlight is Balaji Subramanian’s deep and insightful analysis on the recent Monsanto v Union of India judgement which tries to answer questions relating to taxability of IP licenses as goods or services. Apart from analyzing the judgement itself, he discusses composite contracts and TRUGs, with promises of another post…


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Patent

Karnataka High Court: Appeal on Bt cotton price control


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As readers may already be aware, Monsanto owns a patent for a synthesised genetic sequence of select genes of Bacillus thuringiensis which when inserted into cotton seeds renders the seeds immune to bollworms and consequentially assists in increasing cotton yield. Monsanto injects seeds with its Bt technology and Indian seed companies enter into licensing agreements by which they pay a trait value (license fee) to Monsanto for using its technology. Monsanto has been accused of overcharging which has lead to…


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Copyright

The Copyrightability of Tattoos (II): Does Artist Interest trump the Right to Bodily Autonomy?


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In my earlier post, I briefly outlined the issues associated with copyrighting tattoos specifically in the light of the use of the human body as a medium of expression. In this post, I will attempt to identify whether such use affects the copyrightability of the tattoo by pitting copyright ownership against bodily autonomy. Vesting Ownership with the Artist: Why catastrophic If ownership rights in tattoos were deemed to be wholly vested in the artist, it would have the strangely twisted…


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Copyright

The Copyrightability of Tattoos (I): Does Artist Interest trump the Right to Bodily Autonomy?


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In January this year, the creators of wildly popular NBA 2k16  videogame were dragged to court by Solid Oak Sketches – the exclusive owner and licensor of the copyright to tattoos on the bodies of NBA players like LeBron James and Kobe Bryant, both of whom, together with their famous inks (see here and here), feature in the videogame. Solid Oak claimed that in making unauthorized digital reproductions of the tattoos on the bodies of the players, the creators had…


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